Tuesday, October 3, 2017

Updated Closure For South Fork Burnt River Area - Replaces 2017-0616-Whitman-007

Emergency Area Closure

WALLOWA-WHITMAN NATIONAL FOREST

Pursuant to 36 CFR, Sec. 261.50(a), (b), the following acts are prohibited in the area described in this order within the Whitman Ranger District of the Wallowa-Whitman National Forest. This Order is effective from October 3, 2017 and will be in effect until rescinded or until November 30, 2017.

PROHIBITION:

(1.) Being on a trail closed for Public Health and Safety as described in Appendix A of this order. 36 CFR 261.53(e)

EXEMPTIONS:
Pursuant to 36 CFR, Sec. 261.50 (e), the following persons are exempt from this order:

(1.) Persons with a permit specifically authorizing the prohibited act or omission.
(2.) Any Federal, State or local law enforcement officer, or member of an organized rescue or firefighting force in the performance of an official duty.

These prohibitions are in addition to the general prohibitions in 36 CFR Part 261,
Subpart A.
Done at Baker City, Oregon, this ____3___of October 2017.

Violation of these prohibitions is punishable by a fine of not more than $5000 for an individual or $10,000 for an organization, or imprisonment for not more than 6 months, or both. (16 U.S.C. 551 and 18 U.S.C. 3559 and 3571)

Appendix A - Restricted Area Described:

Area closure Description

Beginning on Forest Service Road 6005 at the 6010 junction,

Thence Westerly along the South Fork Burnt River to junction with the 2652 road,

Thence Northerly on Forest Service Road 2652 to Forest Service Road 2655,

Thence Northeasterly on Forest Service Road 2655 to Forest Service Road 2640,

Thence Southeasterly on Forest Service Road 2640 to the South Fork Burnt River,

Thence Easterly on the South Fork Burnt River back to point of origin at Forest Service Road 6005-6010 junction

All roads within this closure area are closed. These include but are not inclusive to:

FS Road 6005 from 6010 junction to the 2652 Road

FS Road 6015

FS Road 2640-700

FS Road 2640 From 6005 Road to the 2655 Junction

FS road 2655 from 2640 Junction for 0.2 miles to the culvert crossing on Last Chance Creek.

This closure is necessary to provide forest visitors protection from the current hazardous conditions associated with the flooding conditions and damage caused in the South Forek of the Burnt River on the Whitman Ranger District of the Wallowa-Whitman National Forest.

Enforcement Procedures:

Enforcement will be conducted by FPOs, LEOs and SAs. Discretion will be used in the first couple of days after enacting the order and the preferred method of compliance will be a warning since the goal is to clear the area and protect the public.

Posting:

Posting shall be done by the forest staff or fire personnel assigned to the fire. Posting should be made at all major access point to the area.

CIVIL RIGHTS IMPACT

REASON FOR DETERMINATION THAT THIS ACTION DOES NOT REQUIRE COMPLETION OF A CIVIL RIGHTS IMPACT ANALYSIS:

The restrictions are temporary and implemented for public safety as the area described is an active fire area. They do not meet the criteria requiring a CRIA according to Department Regulation No. 4300-4 dated 9/22/1993, which states a CRIA is needed for:

· New legislation or amendments to existing legislation proposed by the agency
· New or revised agency regulations or instructions
· Budget proposals
· Grants, contracts, loans, or project approvals or disapprovals
· Regoranizations
· Office consolidations, closures or reloationsnor do Public Use Restrictions meet the criteria identified in the USDA Forest Service, Washington Office, Civil Rights Impact Analysis Guide which references actions such as:
· Legislative proposals, policies, programs or projets for which an envionmental impact statement (EIS) is needed
· Changes in or new rules, regualtions or policies to be published in the Federal Register and not requiring an EIS
· Decision affecting program delivery which will not be published in the Federal Register
· Proposed locations or relocations of filed installatins involving permanent employees
· Revisions of the Forest Service Directive System

Accordingly, I have determined that the Public Use Restrictions for the Wallowa-Whitman National Forest do not require additional analysis relative to impacts on civil rights.